The governing

bodies of Fayette County, Peachtree City, Fayetteville and Tyrone want

a judge to dismiss an open meetings lawsuit that has been filed against

them in Superior Court.

The suit, brought

laws when they met in secret, closed negotiations beginning in December

over a dispute over alleged tax inequities. A hearing on the matter is

set for Thursday, Aug. 15, at 9:30 a.m.

The secret,

closed "mediation" meetings were conducted in accordance with

an order from visiting Superior Court Judge Stephen E. Boswell of Jonesboro,

who approved the cities' request for mediation in an attempt to settle

the dispute. Boswell also issued an effective gag order in the case, restraining

any of the parties from discussing the negotiations "until such time

as the underlying litigation is resolved."

Boswell was

also named as a defendant in the suit, and he has a high-profile "defense"

attorney: Georgia Attorney General Thurbert Baker.

In response

to The Citizen's initial complaint, Senior Superior Court Judge John S.

Langford approved a temporary restraining order in March that forbids

all parties in the tax equity mediation from meeting in secret until the

matter could be settled. Since then, the mediation has ceased with no

progress and Fayetteville has opted out of the suit, although Peachtree

City and Tyrone continue to battle with the county about funding levels

for police, recreation and public works.

The cities

claim the county overtaxes its citizens in that the county doesn't provide

certain services to residents of the municipalities. Part of that theory

is based on findings of a consulting firm that determined Peachtree City

residents should be refunded $1.365 million and Tyrone residents $118,803

for the alleged tax inequity.

The governing

bodies claim that Judge Boswell's order forced them to meet in secret.

They also claim that at no time was there ever a quorum of any governing

body present.

To constitute

a "meeting" of a public agency, Georgia law requires that a

quorum of the officials the legal amount required to pass an action be

present.

The cities

and county also claim they were merely following the guidelines of Georgia's

service delivery strategy act, which is the law used by the cities to

amend the tax funding levels. Also, they cited a Superior Court rule that

requires all mediations ordered by the court to be conducted in secrecy.

The defendants

also claim the complaint is moot since the mediation has ceased.